Is Dog Haus aware of any agreements that limit their use of the trademarks?
Dog_Haus Franchise · 2025 FDDAnswer from 2025 FDD Document
hallenged, you may have to change to alternative trademarks, which may increase your expenses. However, we claim common law rights to the trade and service marks we license to you.
The Operating Company assigned all of its right title and interest in the Dog Haus Marks to us. We will file all required affidavits when they become due, as prescribed by law. No agreements are currently in effect which limit our use of the trademarks in any manner material to the franchise.
On February 19, 2013, the Operating Company and Southeast Food Systems, Inc. entered into a letter agreement pursuant to which the Operating Company agreed (i) not to advertise or offer services in or to individuals located in Georgia, North Carolina, South Carolina and Virginia; (ii) to cease all use of its logo incorporating a hot dog or sausage shape other than in pre-existing display materials used only at thenexisting restaurant locations; (iii) to refrain from using the trade dress of Southwest Food Systems, Inc., which includes elements such as a registered fire hydrant trash cans along with the dog house design of their restaurants; (iv) not to use dog names, including, but not limited to, the marks Bull-Dog, Boxer Dog, Collie Dog, Hound-Dog, Puppy Dog, Ol' Yallow, German Shepard or Chihuahua for the names of food items at its restaurants; and (v) in the event the Operating Company adopts a new logo design in the future, the new logo would not include a dog house, hot dog or sausage image and the difference in the word portions of the respective marks should be emphasized. With the exception of the letter agreement described above, we are not aware of any agreements currently in effect that significantly limit our rights to use or license the use of the principal trademarks that are material to the franchise.
We are aware of others who are using "Dog Haus" as a trade name. We have learned that the words "Dogg Haus" are currently being used for hot dog restaurants operating in Minnesota and Wisconsin. There may be other prior superior rights or infringing uses that could materially affect your use of the licensed trade name, trademarks, or service marks. There may be similar uses to the Dog Haus Marks of which we are unaware, which could arise from prior users. We have not, however, conducted an exhaustive search of users of names that may be the same or similar to the Dog Haus Marks.
On April 25, 2014, Carnevor, Inc. filed Petitions for Cancellation Proceedings No. 92059099 and No.
Source: Item 13 — TRADEMARKS (FDD pages 57–60)
What This Means (2025 FDD)
According to Dog Haus's 2025 Franchise Disclosure Document, there are a few agreements that limit their use of trademarks. Dog Haus entered into an agreement on February 14, 2022, with The Absolut Company Aktiebolag, which places certain restrictions on the use of The Absolute Brands mark. Franchisees must comply with Dog Haus's usage requirements related to this mark.
Additionally, a letter agreement from February 19, 2013, between the Operating Company and Southeast Food Systems, Inc., includes several restrictions. These restrictions prevent advertising or offering services in Georgia, North Carolina, South Carolina, and Virginia, and also limit the use of a logo incorporating a hot dog or sausage shape. The agreement also restricts using the trade dress of Southwest Food Systems, Inc., such as fire hydrant trash cans and the dog house design, and prohibits using dog names for food items, such as Bull-Dog or Chihuahua. Future logos cannot include a dog house, hot dog, or sausage image, and must emphasize differences in the word portions of the marks.
Dog Haus also acknowledges awareness of others using "Dog Haus" as a trade name, specifically hot dog restaurants operating in Minnesota and Wisconsin under the name "Dogg Haus." The document indicates that there may be other prior superior rights or infringing uses that could materially affect a franchisee's use of the licensed trade name, trademarks, or service marks. Dog Haus has not conducted an exhaustive search of users of similar names, so there may be similar uses of the Dog Haus Marks of which they are unaware. These factors could potentially require a franchisee to change trademarks, which may increase expenses.